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ESA50 Long Delay

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3 days 14 hours ago #301877 by Navigator
ESA50 Long Delay was created by Navigator
Hi, Here we go,
Back in December 2023 I completed a ESA50 to continue my IRESA, since then I have successfully applied for PIP , and awarded the enhanced rate in Daily Living, and Disability. Upon receipt if my PIP decision, I called ESA to inform them of my award and they then added Enhanced disability premium, and severe disability premium to my IRESA.
in the meantime I still heard nothing about my ESA50 form. Given the above I thought perhaps they decided that I did not need an assessment and put me in the support group, but no letter came to this affect. Now over a year later, and my having called DWP ESA, because of UC Migration, as I wanted to know what group I was in.

I was told the work group? I asked about the ESA50, and was told a manager would call me back, Which he did, He gave no reason as to why the ESA50 had not been processed, and simply stated that he could carryout a Deterioration Decision, protecting my claim from today. he was quite abrupt, and when I asked if the call was being recorded he said no, it was not. only incoming calls were recorded, not outgoing ones?

He said that an assessment was needed to decide if I should be placed in the support group, and being awarded PIP or EDP or SDP did not mean anything, or count towards a decision when it came to ESA50 or the support group. He basically forced me to accept a Deterioration Decision, stating it would protect me, and that I should still go ahead with my UC migration which has a deadline of 16th May 2025.

Now I am facing another assessment for ESA, and my form was submitted in Dec 2023, When I asked him if any monies would be back dated to the form completion date he replied NO, only until today 27 March 2025. I thought all monies we backdated? I told him that I would contact my MP as I was not happy. but now I am in a position that I have to migrate to UC by 16 May, and when I asked if I could delay it based on being in dispute in relation to ESA once again his answer was NO.

Sorry this is so long, any advice would be appreciated
Regards Navigator..

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3 days 13 hours ago #301886 by David
Replied by David on topic ESA50 Long Delay
Hi Navigator

I have never heard of the term Deterioration Decision before.
If you had reported a deterioration of your health condition and asked for a re-assessment then if you were eligible for back payment it would be started from the date you notified the DWP of your deterioration.
Otherwise if your move to the higher paid element comes about due to a review then the higher payments commence from the date of the review decision.
The UC Migration process and Transitional Protection make allowances for Legacy Benefits disputes and the resolution is incorporated in the new UC claim.

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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3 days 10 hours ago #301895 by Navigator
Replied by Navigator on topic ESA50 Long Delay
Hi David,
I had not heard of it either? The DWP Manager seemed to imply that this would protect me from losing out due to the delay in dealing with my ESA claim, which has taken over 15 months, it is not related to a sudden Deterioration in my health? My heath is worse but only due to age related conditions such as arthritis and a back condition. I asked for a copy of the Deterioration Decision, and was flatly refused, I think it maybe a sneaky way to avoid paying back pay because of the delay in dealing with my ESA50, I thought if it was the DWPs fault then back monies could be paid?
Navigator.

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3 days 8 hours ago #301908 by Gary
Replied by Gary on topic ESA50 Long Delay
Hi Navigator

You could ask for a subject access request, takes about 40 days; www.gov.uk/guidance/request-your-persona...or-work-and-pensions

Gary

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3 days 6 hours ago #301918 by Navigator
Replied by Navigator on topic ESA50 Long Delay
Thanks Gary,
I might just do that, but ive only got until the 16 may to get my UC migration submitted, but I do want to know what a Deterioration Decision, is and what it really means, so I can help anyone else who might get the same answer.

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